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COLLINS v. COMMONWEALTH

412 Mass. 349 (1992)

589 N.E.2d 287

MOSES COLLINS vs. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

April 6, 1992.

Attorney(s) appearing for the Case

Michael R. Schneider, Committee for Public Counsel Services, for Moses Collins.

Pamela L. Hunt, Assistant Attorney General, for the Commonwealth.

Present: LIACOS, C.J., WILKINS, NOLAN, LYNCH, & O'CONNOR, JJ.

WILKINS, J.

At the opening of court on the second day of Moses Collins's trial for unlawful possession of a sawed-off shotgun and ammunition, an assistant district attorney reported to the judge that the prosecutor was unavailable because his father-in-law had died. The Commonwealth immediately moved for a mistrial, stating, in response to a question from the judge, that the prosecutor was expected to be unavailable for one week.1

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